The Panchayati raj is a South Asian political system mainly in India, Pakistan, Bangladesh and Nepal. It is the oldest system of local government in the Indian subcontinent. The word “panchayat” literally means “assembly” of five wise and respected elders chosen and accepted by the local community. These assemblies settled disputes between individuals and villages.

Panchayati Raj is a system of governance in which gram panchayats are the basic units of administration. It has 3 levels: Gram, Janpad (taluka or block) and Zilla.

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Mahatma Gandhi advocated Panchayati Raj, a decentralized form of Government where each village is responsible for its own affairs, as the foundation of India’s political system. The term for such a vision was Gram Swaraj (“village self-governance”).

The leader of the panchayat was generally called the mukhiya or sarpanch, a position which is elected.

The Vision of Panchayati Raj is to attain decentralized & participatory local self-government through Panchayati Raj Institutions (PRIs). The Mission of the Panchayati Raj is Empowerment, enablement & accountability of PRIs to ensure inclusive development with social justice, and efficient delivery of services.

Panchayats at village levels are expected to perform certain obligatory functions to provide basic services to all the people living in the area. They as constitutional bodies represent the model of community participation and social empowerment. Basic services among others include:

• Primary education
• Primary health·
• Safe Drinking water
• Sanitation and street lighting·
• Environment protection
• Common property resources (CPR) management

The prime objectives of the three tiers Panchayati Raj System are to eradicate poverty, uplift standard of living of people in the rural areas and bring about a healthy society by creating awareness for hygiene, sanitation, and eradication of illiteracy. The state has established a State Election Commissioner to conduct the election of PRIs.

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Panchayati Raj Institutions have emerged as the powerful institutions in bringing about rapid and sustainable development and socio-economic transformation in rural areas. It has an integrated perspective towards improving the quality of lives of rural people and ensuring equity and effective peoples’ participation. Amendment of the Constitution has conferred constitutional status to Panchayati Raj Institutions.

The amendment of the Constitution mandates Government to endow the Panchayati Raj Institutions with such powers and authority as may be necessary to enable them to function as institutions of self-Government. It also provides that powers and responsibility to the preparation of plans for economic development and social justice and implementation of schemes for economic development and social justice as may be entrusted to them including those listed in the 11th Schedule.

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Since ancient times district has been the primary unit of the district administration that functions under the charge of a District Officer termed District Collector. India is a democratic welfare State in which there are wide scope of activities for the development of the people and the nation as a whole. District administration, as the part of the people administration, functions within the territorial boundary of the district. In the words of S.S. Khera, “District administration is the total functioning of government.”

In the present scenario, the role of the district administration has increased manifold because of the introduction of new plannings and development functions. It continues to be the hub of the Indian administration as it has to build the country from below. Most recently the nature of the district administration has transformed drastically with the introduction of democratic decentralization and Panchayati Raj.

As the government at the Centre and at the State level cannot implement its policies from the headquarters, the state is divided into territorial divisions and district level.

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Role of the District Administration

The primary concern of the district administration is to ensure public safety, the protection of citizens and all their rights. It comprises the maintenance of law and order and the administration of criminal and civil justice.

In the field of revenue administration, it has a significant role that includes land revenue, irrigation charge, agriculture income, tax levied, excise duties, entertainment tax etc. Along with these, the administration of treasury, land reforms, land acquisition, land management, land records, etc. also fall within the ambit of the district administration.

All the development policies and programmes in the field of agriculture, cooperation and industry along with the special programmes launched to strengthen and develop weaker sections of the society are implemented by the district administration vigorously. One of the major roles of the district administration is to ensure people’s participation in planning and execution of development of schemes. Its one of the major functions involves the ensurance of the supply of essential commodities to the people living in remote villages. It has also got the responsibility to help people in times of natural calamities and disasters.

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The District Collector

The office of the District Collector or Deputy Commissioner, who as the chief representative of the government is the king-pin of the administration, is the result of a long process of evolution. The office of the district collector was created in 1772 during the time of the British regime. And from that time, the District Collector performed activities primarily related to collection of land revenue, maintenance of law and order, prevention of disorder, proper working of the police and jails, administration of criminal justice and he also exercised judicial powers in some cases.

The office of the district collector, that belongs to the Indian administrative Service, has ‘Admirably survived the historical role of change from alian regime to national one’. After attainment of freedom its role has become more multidimensional. As Article 50 of the Constitution of India separated the judiciary from the executive, the district collector no longer holds the same judicial authority as he used to hold earlier as a District Magistrate during the British regime.

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Role and functions of District Collector

The foremost task of a District Collector, as the head of the revenue administration of the district, is the assessment and collection of land revenue.

Revenue Functions:

• To maintain land records
• To collect land revenue
• To collect rural statistics
• To collect other government dues
• To distribute and recover taccavi loans
• To implement land reforms
• To exercise the power of land acquisition officer, that is, acquiring land for purpose of colonization, industry, slum clearance, etc.
• To look after the welfare of the agriculturists.
• To make an assessment of lsses of crops and recommend relict during natural calamities like fire, draught and flood etc.
• To pay rehabilitation grant
• To hear appeals against the orders of lower authorities.
• To manage government estates.
• To pay Zamindari Abolition compensation
• To supervise treasury and sub treasury
• To enfore Stamp Act.

Taccavi: These are advances or loans of money given to the cultivators at the time of sowing or in bad season or to enable them to expand their cultivation. This loan has to be repaid by the cultivators when the crop is harvested.

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Maintenance of law and order in the District Administration

In this capacity the District Collector has got the responsibility of maintaining law and order in his district. Three elements of the district administration are involved in this task: the police, the judiciary and the jails. As a District Magistrate a district collector performs the following functions:

• Control and supervises the subordinate magistracy.
• Inspects the jails.
• Grants superior classes to prisoners.
• Orders imposition of section 144 of the Criminal Procedure Code in case of threat to public peace.
• Submits an annual criminal report to the government.
• Controls and directs the action of district police.
• Enforces Entertainment Tax Act and Press Act.
• Grants, suspends or cancels various kinds of licenses like arms, hotels, explosives, etc.
• Prosecutes offenders under the Factories Act and Trade Mark Act.
• Orders disposal of unclaimed property.
• Supervises and control local bodies.
• Recommends schemes for the development of forests.

Co-ordinator of Different departments of the District Administration

Prior to the independence, the district collector used to function like the coordinating agency in overall charge of every significant official activity in the district. After independence, several departments of technical nature, such as public health, public works, agriculture, irrigation, education and cooperation, were set up. These departments are headed by specialists and are not under the supervision of the collector any more.

Although the independence of these departments in their functioning has weakened, to some extent, the role of the collector as a coordinating agency, the entire team of the district administration has to work with a sense of dedication in the same manner as a soldier on the battle front. The district collector, still the commander of the district administration, has to organize and coordinator, must provide breathing space to each agency of the district administration, remove bottlenecks, establish the truth of the various departments in himself and bring out unity of purpose.

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Other Functions of the Collector in the District Administration

Besides the above described works, the collector performs many other functions; some of the important ones are:

• He conducts census operation every 10 years.
• He functions as the returning officer and coordinator of election work of Parliament and Vidhan Sabha constituencies at district level.
• Grants old age pension and house building loans.
• Supervises and controls municipalities in the district.
• He is responsible of small savings schemes and contributions to the National Defense Fund (NDF).
• He functions as the chairman of several committees such as the family planning committee, public grievance committee, planning committee, soldier welfare fund committee, etc.
• Acts as a protocol officer.
• Preparation of district gazetteers and protection of ancient monuments.
• Superintends over all other branches of district administration.

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The Constitution of India has conferred on Supreme Court and High Courts power to issue writs. Writ Jurisdiction of Supreme Court and High Courts extends not only to inferior courts and tribunals but also to the state of any authority or person endowed with state authority.

There is difference between the Writ Jurisdiction of Supreme Court and High Courts as follows:

1. The Writ Jurisdiction of Supreme Court is mentioned under Article 32 of the Indian Constitution, while the Writ Jurisdiction of High Courts is mentioned under Article 226 of the Indian Constitution.
2. The High Courts have wider powers as to compare to Supreme Court in issuing writs.
3. The Supreme Court can issue writ only in case of violation of any of the fundamental rights contained in Part-III of the constitution, while the High Courts can issue writs not only in case of violation of fundamental rights but also in case of violation of any legal rights of the citizens provided that a writ is a proper remedy in such cases, according to well-established principles.
4. Article 32 of the Constitution of India imposes on the Supreme Court a duty to issue the writs, whereas no such duty is imposed on the High Courts by Art-226.
5. The jurisdiction of the Supreme Court extends all over the country, whereas that of the High Courts only to the territorial confines of the particular state and the Union Territory to which its jurisdiction extends.

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Types of Writs

There are five types of Writs – Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo warranto.

1. Habeas Corpus

“Habeas Corpus” is a Latin term which literally means “you may have the body.” The writ is issued to produce a person who has been detained , whether in prison or in private custody, before a court and to release him if such detention is found illegal.

2. Mandamus

Mandamus is a Latin word, which means “We Command”. Mandamus is an order from the Supreme Court or High Court to a lower court or tribunal or public authority to perform a public or statutory duty. This writ of command is issued by the Supreme Court or High court when any government, court, corporation or any public authority has to do a public duty but fails to do so.

3. Certiorari

Literally, Certiorari means to be certified. The writ of certiorari can be issued by the Supreme Court or any High Court for quashing the order already passed by an inferior court, tribunal or quasi-judicial authority.
There are several conditions necessary for the issue of the writ of certiorari .

1. There should be court, tribunal or an officer having legal authority to determine the question with a duty to act
2. judicially.
3. Such a court, tribunal or officer must have passed an order acting without jurisdiction or in excess of the judicial authority vested by law in such court, tribunal or officer.
4. The order could also be against the principles of natural justice or the order could contain an error of judgment in appreciating the facts of the case.

4. Prohibition

The Writ of prohibition means to forbid or to stop and it is popularly known as ‘Stay Order’. This writ is issued when a lower court or a body tries to transgress the limits or powers vested in it. The writ of prohibition is issued by any High Court or the Supreme Court to any inferior court, or quasi-judicial body prohibiting the latter from continuing the proceedings in a particular case, where it has no jurisdiction to try. After the issue of this writ, proceedings in the lower court etc. come to a stop.
Difference between Prohibition and Certiorari:

1. While the writ of prohibition is available during the pendency of proceedings, the writ of certiorari can be resorted to only after the order or decision has been announced.
2. Both the writs are issued against legal bodies.

5. The Writ of Quo-Warranto

The word Quo-Warranto literally means “by what warrants?” or “what is your authority”? It is a writ issued with a view to restrain a person from holding a public office to which he is not entitled. The writ requires the concerned person to explain to the Court by what authority he holds the office. If a person has usurped a public office, the Court may direct him not to carry out any activities in the office or may announce the office to be vacant. Thus, High Court may issue a writ of quo-warranto if a person holds an office beyond his retirement age.

Conditions for issue of Quo-Warranto

1. The office must be public and it must be created by a statue or by the constitution itself.
2. The office must be a substantive one and not merely the function or employment of a servant at the will and during the pleasure of another.
3. There must have been a contravention of the constitution or a statute or statutory instrument, in appointing such person to that office.

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